Bujon - Employment Tribunal Help Please

[Bujon]

Re: 28 day time limit for ET3 form

Ah thanks, I processed it online 21/7/15 and then had letter of confirmation highlighting 28day period for respondent dated 30/7/15. By my reckoning, midnight tonight and deadline is passed?

[ritemaster]

Re: 28 day time limit for ET3 form

For peace of mind you could always write a quick email to the ET asking when they expect the ET3 form from the respondent.

[Bujon]

Re: 28 day time limit for ET3 form

They said they've heard nothing as yet, but the end date is midnight 27th Aug according to them, based on 30th July. I suggested surely it should be midnight on 26th, but hey! I'm clutching at straws but really anxious at why you would leave it until the last day to respond (assuming they do)? What possible advantage is there in that strategy? The argument of seeing justice in a defense is countered by the argument that if I'd taken more than 3 months to file my claim then it would be rejected thus also a failure of seeing justice prevail A deadline has to be a deadline, full stop.

[Trev1234]

Re: 28 day time limit for ET3 form

A tenuous day hope they don't reply!

[cupidstunt]

Re: 28 day time limit for ET3 form

I think you have to write your concerns to the tribunal and request an " unless order "

ET3 generally just states that they do not agree to your allegations, the ones I've received could almost be a template.

[Bujon]

Re: 28 day time limit for ET3 form

Ok thanks, I thought it was the only opportunity to state on what grounds they dispute/defend. So if they don't make it specific, it would be rejected. Also what they specify is all they can rely on as defense in the hearing, no side tracking? Anyhow not long to go as yet, am hoping for a none response, you wouldn't leave it until the last day in case you made a mistake/error, surely? I am having a small tit-for-tat argument with the ET, as my maths says the 28days were up as of midnight last night, not tonight! 30-7-15 plus 28, means by the 27th at 00:01 time is up, they seem to have granted 28 days, after the 30-7-15. Think I'm just a touch stressed in the last couple of days as the deadline approaches......I'd kind of feel a little cheated if the response went in today given that!

[ritemaster]

Re: 28 day time limit for ET3 form

Think I'm just a touch stressed in the last couple of days as the deadline approaches

Which kind of answers why they would leave it to the last day!!! Yeah they are exercising their right to have the full 28 days to respond, but I bet some employers leave it to the last minute to drag it on as long as possible and to stress you out!

[Bujon]

Re: 28 day time limit for ET3 form

It's working!! Although I'm pretty sure a business services company are representing them, would assume they'd have issued by post.

[ritemaster]

Re: 28 day time limit for ET3 form

If you think waiting for the ET3 form to be sent to you is bad, you still have to wait for the actual tribunal hearing. Ive had to wait 3 months for my hearing after getting the ET3 form.

[Bujon]

Re: 28 day time limit for ET3 form

Yikes are you confident? I'm hoping that the ET3 form misses the deadline to the tribunal and I'll press for a default judgement.

[mariefab]

Re: 28 day time limit for ET3 form

The 28 days start from the date that the ET3 form is sent by the Tribunal office to the Respondent.

[ritemaster]

Re: 28 day time limit for ET3 form

The 28 days start from the date that the ET3 form is sent by the Tribunal office to the Respondent.

The 28 days is definitely from when employer is in receipt of your ET1 form, with accompanying ET3 form. If the tribunal send it by email then yes it would be the same date as is sent. If they send it by post, then it wouldn't be the same day.

[FlamingParrot]

Re: 28 day time limit for ET3 form

Yikes are you confident? I'm hoping that the ET3 form misses the deadline to the tribunal and I'll press for a default judgement.

I believe under the new Regulations, the Tribunal no longer issues default judgment automatically if the respondent misses the 28-day deadline. :mmph: A judge will decide whether they can determine the outcome of claim based on the information provided.

[mariefab]

Re: 28 day time limit for ET3 form

The Employment Tribunals (Constitution and Rules of Procedure) Regulations.

See 2. 2(a) and 4.(1) below

http://www.legislation.gov.uk/uksi/2...chedule/1/made

& 15(2)

http://www.legislation.gov.uk/uksi/2...lation/15/made

[Bujon]

Re: 28 day time limit for ET3 form

Ummm frustrating! I'm in NI but the regs are very similar. If the respondent has not filed within 28days nor applied for an extension within 28 days, then as claimant I'm entitled to press for a default judgement? There wouldn't be enough info on the ET1 form, has this only sets the scene and specific evidence is not issued nor asked for at that stage. I'm going to write to ET and press firmly for a default judgement, with the caveat that I can provide my evidence to substantiate the claim if so required. Otherwise what would be the point in having a time limit?